601A Provisional Waiver Approval for Honduran National

We recently received an approval of an I-601A provisional unlawful presence waiver for a Honduran national.

The 601A waiver benefits individuals who cannot adjust status in the United States. This may include immediate relatives who crossed the border without inspection, or it may also include employment or family preference visa beneficiaries who are out of status. Because adjustment is not possible, they must receive their immigrant visas at a US Consulate abroad; however, due to being out of status more than a year, leaving the U.S. will trigger the 10 year bar. The 601A unlawful presence waiver is like a pardon so that you can travel to the Consulate and return without triggering the 10 year bar. It requires showing that you have either a U.S citizen or Legal Permanent Resident spouse or parent who would suffer “extreme hardship” if the case is not approved. Extreme hardship is a legal term and there are numerous factors that the USCIS takes into account to determine if your situation would meet that standard.

There is a new parole-in-place program which may be an alternative to the 601A provisional waiver process, but that would require at least 10 years of physical presence in the United States and marriage to a U.S. citizen. Therefore, the 601A provisional waiver will still be required in many situations, even for individuals married to US citizens if they do not have the requisite ten years of physical presence.

Family based immigration can become very complicated because there are many laws to navigate— it’s much more than just proving you have a legal family relationship. I have over a decade of experience in family based immigration and I have represented many individuals in the 601A provisional waiver process. Don’t hesitate to reach out for a consultation at amir@rasoulpourlaw.com.